Sewage Treatment and Disposal. Sewage treatment and disposal will be provided by BJWSA or some other legally constituted public or private provider allowed to operate in the City. The City will not be responsible for any treatment, maintenance or costs associated with sewage treatment within the Property, unless the City elects to provide such service with the agreement of the applicable utility authority then providing such service to the Property. Nothing herein shall be construed as precluding the City from providing sewer services to its residents in accordance with applicable provisions of law. Owner will construct or cause to be constructed all related infrastructure improvements within the Property, which will be maintained by it or the provider as provided in any utility agreement between Owner and the service provider.
Sewage Treatment and Disposal. Sewage treatment and disposal shall be provided by BJWSA on the same basis as is provided to other residents and businesses within the County. Each Owner or Developer shall construct, or cause to be constructed, all necessary sewer-related service infrastructure within the Property (or such applicable portion thereof), which shall be maintained by it or the provider of the service. The County shall not be responsible for any treatment, maintenance or costs associated with sewage treatment within the Property, except as set forth herein, unless it otherwise agrees. Nothing herein shall be construed as precluding the County or other local governmental entity from providing sewer services to its residents in accordance with applicable provisions of law.
Sewage Treatment and Disposal. Sewage treatment and disposal will be provided by BJWSA or some other legally constituted public or private provider allowed to operate in the City. The City will not be responsible for any treatment, maintenance or costs associated with sewage treatment within the Property, unless the City elects to provide such service with the agreement of the applicable utility authority then providing such service to the Property. Nothing herein shall be construed as precluding the City from providing sewer services to its residents in accordance with applicable provisions of law. Owner and/or, Developer, or a Subsequent Developer, as applicable, will construct or cause to be constructed all related infrastructure improvements within the Property, which will be maintained by it or the service provider as provided in any utility agreement between the service provider and Owner, Developer, or a Subsequent Developer, as applicable.
Sewage Treatment and Disposal. Sewage treatment and disposal will be provided from the Property by the City in accordance with its usual and customary practices. The City shall be responsible for the relocation of the sewer presently in place on the Property, in accordance with the Master Plan for Infrastructure. The City will not be responsible for any treatment, maintenance or costs associated with sewage treatment within the Property, except as may be set forth in the Master Plan for Infrastructure. Nothing herein shall be construed as precluding the City from providing sewer services to its residents in accordance with applicable provisions of law.
Sewage Treatment and Disposal. Sewage treatment and disposal will be provided by Beaufort-Jasper Water and Sewer Authority or some other legally constituted provider allowed to operate in the Town, at the election of the Owner. Owner will construct or cause to be constructed all related infrastructure improvements within the Property, which will be maintained by it or the provider. The Town of Bluffton will not be responsible for any treatment, maintenance or costs associated with sewage treatment within the Property. Notwithstanding the above, should the Town of Bluffton elect to become a retailer or other provider of such services in the future, Owner agrees not to object and to affirmatively support such decision Bluffton may make in the future. Nothing herein shall be construed as precluding the Town from providing sewer services to its residents in accordance with applicable provisions of laws.
Sewage Treatment and Disposal. County Authority to Negotiate with City.] The Municipalities acknowledge that they have designated the County Authority as their agent to negotiate with the City and/or Allentown Authority with respect to securing an allocated capacity in the sewer system being operated by the City in order to provide for treatment and disposition of the anticipated volume of sewage and wastes to be collected in the proposed sewage collection systems to serve the Municipalities and to draft for submission to the Municipalities for review and approval a proposed agreement or agree- ments setting forth the rates and charges and/or the basis for computing rates and charges to be imposed by the City and/or Allentown Authority relative to providing allocated capacity in said sewer system and for transportation, treatment and disposition of sewage and wastes emanating from the sewage collection sys- tems to serve the Municipalities. The aforementioned designation and authority is to extend to negotiations with any other municipality or party having any interest in the sewer system being operated by the City.
Sewage Treatment and Disposal. The Town represents that it presently has available unallocated sewage treatment capacity at the WWTP of approximately 1.7 million gallons per day (the “Current Capacity”). The parties understand and agree that the Current Capacity will be allocated among users of the Town’s wastewater system in such order as applications for service are received by the Town and consistent with all applicable laws and regulations. The Town represents that the Current Capacity will be sufficient to serve the initial 25% of the development of the Property as indicated on Exhibit E hereto as well as all other reasonably foreseeable additional demand for sewer service by customers of the Town during the five years following the effective date of this Agreement. Accordingly, sewage treatment and disposal will be provided to the Property by the Town, provided that the Developer keeps the Town informed in writing of its progress with respect to the Development Schedule as set forth in Section 6 and further provided that the Development Schedule is not within five years of the effective date of this Agreement accelerated to increase demand within the Property beyond that reasonably foreseeable as of the effective date of this Agreement. The Town’s obligation to provide sewage treatment and disposal to services to the Property is subject to any delay in the availability of the same or sewage transmission facilities caused by Force Majeure. “Force Majeure” means any act of God, act of war, civil disturbance, governmental action other than an action taken or initiated by the Town, strikes, lockouts, fire, unavoidable casualties or any other causes beyond the reasonable control of the Town. Developer will construct or cause to be constructed at Developer’s cost all related infrastructure improvements to, from, and within the Property per Town specifications. The Developer shall be responsible for maintaining all related sewer infrastructure until offered to, and accepted by, the Town for public ownership and maintenance. Upon final inspection and acceptance by the Town, the Developer shall provide an eighteen (18) month warranty period for all internal sewer infrastructure constructed to serve the Project. It is the Town’s intent to undertake the construction of additional sewage treatment capacity at WWTP, with such additional capacity to be available no later than the date five years following the execution date of this Agreement. The Town covenants that it will construct sufficient...
